Before WINTERS, WILLIAM F. SMITH, and SCHEINER, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. ? 134 from the final rejection of claims 23
through 25, all of the claims remaining in the application. Appellants state at page 3 of the
Brief of February 22, 1996, that the claims are divided into two groups, the first consisting
of claims 23 and 25, and the second consisting of claim 24, and provide arguments as to
separate patentability. Claims 23 and 24 are representative of the two groups, and read
as follows:
23. A method of reversing age-related changes in heart muscle cells in a subject,
comprising
intravenously administering to the subject, in a therapeutically effective amount,
liposomes having a lipid component comprising phosphatidylcholine having an acyl chain
composition which is characteristic, at least with respect to transition temperature, of the
acyl chain components of phosphatidylcholines in the heart cells of the subject at a younger
age, said liposomes being substantially free of sphingomyelin, and
repeating said administering over a period of at least several days until a significant
drop in the subject? s serum creatinine phosphokinase is observed.
24. The method of claim 23, wherein the phosphatidylcholine is egg
phosphatidylcholine.
The references relied on by the examiner are:
Williams et al. (Williams), ? Intravenously Administered Lecithin Liposomes: A Synthetic
Antiatherogenic Lipid Particle,? Perspectives in Biology and Medicine, Vol. 27, No. 3, pp.
417-31 (1984)
UK Pat. App. (Taylor) 2 089 681 Jan. 30, 1982
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